2006 Code of Virginia § 8.01-251 - Limitations on enforcement of judgments

8.01-251. Limitations on enforcement of judgments.

A. No execution shall be issued and no action brought on a judgment,including a judgment in favor of the Commonwealth and a judgment rendered inanother state or country, after 20 years from the date of such judgment ordomestication of such judgment, unless the period is extended as provided inthis section.

B. The limitation prescribed in subsection A may be extended on motion of thejudgment creditor or his assignee with notice to the judgment debtor, and anorder of the circuit court of the jurisdiction in which the judgment wasentered to show cause why the period for issuance of execution or bringing ofan action should not be extended. Any such motion shall be filed within the20-year period from the date of the original judgment or from the date of thelatest extension thereof. If upon the hearing of the motion the court decidesthat there is no good cause shown for not extending the period of limitation,the order shall so state and the period of limitation mentioned in subsectionA shall be extended for an additional 20 years from the date of filing of themotion to extend. Additional extensions may be granted upon the sameprocedure, subject in each case to the recording provisions prescribed in 8.01-458. This extension procedure is subject to the exception that if theaction is against a personal representative of a decedent, the motion shallbe within two years from the date of his qualification, the extension may befor only two years from the time of the filing of the motion, and there maybe only one such extension.

C. No suit shall be brought to enforce the lien of any judgment, includingjudgments in favor of the Commonwealth, upon which the right to issue anexecution or bring an action is barred by other subsections of this section,nor shall any suit be brought to enforce the lien of any judgment against thelands which have been conveyed by the judgment debtor to a grantee for value,unless the same be brought within 10 years from the due recordation of thedeed from such judgment debtor to such grantee and unless a notice of lispendens shall have been recorded in the manner provided by 8.01-268 beforethe expiration of such 10-year period.

D. In computing the time, any time during which the right to sue outexecution on the judgment is suspended by the terms thereof, or by legalprocess, shall be omitted. Sections 8.01-230 et seq., 8.01-247 and 8.01-256shall apply to the right to bring such action in like manner as to any right.

E. The provisions of this section apply to judgments obtained after June 29,1948, and to judgments obtained prior to such date which are not then barredby the statute of limitations, but nothing herein shall have the effect ofreducing the time for enforcement of any judgment the limitation upon whichhas been extended prior to such date by compliance with the provisions of lawtheretofore in effect.

F. This section shall not be construed to impair the right of subrogation towhich any person may become entitled while the lien is in force, provided heinstitutes proceedings to enforce such right within five years after the sameaccrued, nor shall the lien of a judgment be impaired by the recovery ofanother judgment thereon, or by a forthcoming bond taken on an executionthereon, such bond having the force of a judgment.

G. Limitations on enforcement of judgments entered in the general districtcourts shall be governed by 16.1-94.1, unless an abstract of such judgmentis docketed in the judgment book of a circuit court. Upon the docketing ofsuch judgment, the limitation for the enforcement of a district courtjudgment is the same as for a judgment of the circuit court.

(Code 1950, 8-393, 8-394, 8-396, 8-397; 1956, c. 512; 1958, c. 221; 1960,c. 274; 1977, c. 617; 1983, c. 499; 2002, c. 394; 2005, cc. 139, 203.)


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